Sathiyaseelan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.06.2020

CORAM

THE HONOURABLE MR.JUSTICE. M.NIRMAL KUMAR Crl.O.P.No.8222 of 2020 Sathiyaseelan ... Petitioner Vs.

The Inspector of Police, Vedaranyam Police Station, Nagapattinam District.

... Respondent (Crime No.561 of 2020) Prayer: Criminal Original Petition filed under Section 439 Cr.P.C, to enlarge the petitioners on bail in Crime No.561 of 2020 on the file of the Respondent Police - The Inspector of Police, Vedaranyam Police Station, Nagapattinam District.

For Petitioner :

Mr.N.Palanivel For Respondent :

Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

The petitioner was arrested and remanded to judicial custody on 12.05.2020 for the offence punishable under Sections 430, 379 IPC and Section 21(1) of the Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.561 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 12.05.2020 at 10.00 A.M., the defacto complainant, Sub Inspector of Police, while patrolling at Andarkadu Throwpathiamman Koil within the limit of Vedaranyam Police Station, a tractor with tipper owned by the petitioner bearing Registration No.TN-51-F-7409 was transported with one unit of sand illegally without obtaining proper licence. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner has not involved in any offence as alleged by the prosecution. He would submit that the petitioner had only carried one unit of savudu sand from private property. Despite the petitioner explaining the same to the respondent, he was arrested. Further, he would submit that the petitioner was in judicial custody from 12.05.2020 and seeks bail for the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner transmitted one unit of sand in his tractor with tipper without prior permit. He further submitted that there are five other previous cases in the name of the petitioner and he is in bail in all those cases. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Taking into consideration the nature of allegations against the petitioner in the FIR and also taking note of the fact that the petitioner is in judicial custody from 12.05.2020, this Court is inclined to grant bail to the petitioner, subject to the following conditions : (a) the petitioner shall deposit a sum of Rs.20,000/- (Rupees twenty thousand only) to the Cancer Institute (WIA), (Regional Cancer Centre), Adyar, Chennai-600 020 (Bank:Andhra Bank, Madhya Kailash, SB A/c.No.149710011005477) and on such deposit the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees ten thousand only) before the Superintendent of the concerned prison in which the petitioner has been confined on his release; (b) the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the concerned Magistrate within a period of 15 days from the date of lifting of lockdown and commencement of regular functioning of Court below, failing which the bail granted by this Court shall stand dismissed automatically;

(c) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (d) the petitioner shall report before the respondent police as and when required for interrogation.

(e) the petitioner shall not commit any offences of similar nature; (f) the petitioner shall not abscond either during investigation or trial; (g) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(h) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

(i) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

6.

With the above directions, this Criminal Original Petition is ordered.

08.06.2020 Index : Yes/No Internet : Yes/No Speaking order/Non-speaking order rst To

1. The learned District Munsif cum Judicial Magistrate, Vedaranyam.

2. The Inspector of Police, Vedaranyam Police Station, Nagapattinam District.

3.The Public Prosecutor, High Court, Madras.

4.The Superintendent Central Prison, Trichy

M.NIRMAL KUMAR, J.

rst Crl.O.P.No.8222 of 2020 08.06.2020